Terms and Conditions

WEBSITE TERMS AND CONDITIONS

All rights, including copyright, in the contents of Tierra Data Recovery’s web pages are owned and controlled by Tierra Data Recovery. Visitors to this web site can only print copies of its pages for their own personal use. They cannot print, copy, reproduce, download, republish, display or modify or re-use the materials from Tierra Data Recovery’s web pages for any other purpose.

All reasonable measures have been taken to ensure the content of this web site is accurate. However this does not imply or express any warranty of any kind. No liability is accepted for any direct, indirect or consequential loss or damage resulting from the access and use of Tierra Data Recovery’s web pages and information and materials contained on them.

Tierra Data Recovery is not responsible for the content of any linked site. The Terms of Use and any matter relating to the use of this website is governed by Scottish law. Tierra Data Recovery reserves the right to change these Terms of Use at any time without prior notice.

DATA RECOVERY TERMS AND CONDITIONS

1.Authorisation

  • The client authorises Tierra Data Recovery to conduct an analysis of the media sent to determine the nature of the damage and confirm the quoted data recovery cost and turnaround. No work beyond this analysis will be charged without explicit client approval.

  • The client authorises Tierra Data Recovery, its employees, independent contractors, and agents, to receive and transport this media/equipment/data to, from and between their facilities.
  • The client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorised representative of the owner of the property and all of the information and data stored on said property. By asking Tierra Data Recovery to enter into this agreement with you, as client, you declare that the foregoing representations are true and correct. You agree to indemnify Tierra Data Recovery for any claims against Tierra Data Recovery related to this data recovery.

2.Failure to claim property

  • Any property left with Tierra Data Recovery unclaimed for 30 days, will be disposed of or recycled. At which time, Tierra Data Recovery shall have no liability to the client or any third party.

3.Limited Liability

  • Tierra Data Recovery shall not be liable as a result of this agreement or the performance of any data recovery services or evaluation of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment OR media or the condition or existence of data on storage media supplied before, during or after service.

  • The client understands that data recovery cannot be guaranteed.

  • In no event will Tierra Data Recovery or any contractor, employee, or agent of Tierra Data Recovery be liable for any loss of data or loss of revenue or profits or any special, incidental, or consequential damages, however caused, in connection with this agreement or any service provided by Tierra Data Recovery or its agents, contractors, or employees – even if Tierra Data Recovery has been advised of the possibility of damage or loss to persons or property.
  • Where carriage has been arranged by Tierra Data Recovery, the total liability for any loss, damages or consequential losses whilst the client device is in transit shall in no event exceed the total sums paid by the client to Tierra Data Recovery. In cases where no payment has been made for a recovery service Tierra Data Recovery’s liability will not exceed the compensation offered by the courier. Where carriage has been arranged by the client, Tierra Data Recovery accepts no responsibility for loss or damage to customer property during transit.

  • Tierra Data Recovery’s liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. – Client and Tierra Data Recovery agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Tierra Data Recovery’s option, either (a) additional attempts by Tierra Data Recovery to recover satisfactory data or (b) a refund of the amount paid by the client. The parties acknowledge that the price of Tierra Data Recovery’s data recovery services would be much greater if Tierra Data Recovery undertook more extensive liability or promised additional remedies.

    – Client is aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Tierra Data Recovery, and assumes any and all known risks of injury and property damage that may result.

    – All data recovered will be kept for a period of 7 days after successful delivery to customer. Any queries or disputes regarding the integrity or completeness of this data must be notified within this time period. Data will be securely erased and thereafter no further records will be kept. No charge will be made for the destruction of data.

4.Confidentiality

  • Tierra Data Recovery agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment except to employees, independent contractors, lawyers, or agents of Tierra Data Recovery subject to confidentiality agreements or as required by law.

5. Payment

  • Payment is due in full upon approval of recovery offer, prior to release of data (whether shipped, picked up or downloaded), unless by special previous arrangement.

  • Successful data recovery is defined as recovery of data that was not accessible or visible under the client’s computer operating system.

  • No-data no-fee applies only when no data recovery is possible and no internal donor parts were purchased with customer approval.

  • Clients based outside the United Kingdom are financially responsible for all shipping costs, custom duties and taxes to and from Tierra Data Recovery.
  • We ONLY accept VISA, VISA Debit, MasterCard, Maestro, Solo, Delta, bank transfer, cheque, BACS payment, CHAPS and cash.

  • Should a client decline to proceed with payment for a data recovery in which the price was previously agreed, Tierra Data Recovery reserves the right to retain the client’s original hard drive(s) if the nature of the recovery work carried out has resulted in the data now being in plain user-accessible view on the previously failed hard drive(s).

6. Warranty

  • Tierra Data Recovery makes no warranty, express or implied, and Tierra Data Recovery disclaims any warranty of any kind, for the services being provided or discussed hereunder.

 

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